Publication Date
2006
Abstract
Nearly every state requires a patient to prove the existence of a formal physician-patient relationship in order to proceed with a claim for medical malpractice. In the absence of such a relationship, a physician's actions are measured by an ordinary negligence standard instead of the professional standard of care. Because courts have traditionally held that independent medical examinations, such as pre-employment health screenings, do not give rise to formal physician-patient relationships, individuals undergoing these examinations have been prevented from bringing malpractice claims against physicians who fail to disclose important health information detected during the examination. Recently, a small number of courts have permitted malpractice claims to proceed despite the absence of a formal relationship. Some of these courts have replaced the formal relationship with a requirement of direct contact between the physician and the examinee, while others have held that the formal relationship is only one factor of many to consider in determining the standard of care physicians owe to examinees. This Note explores the effects of the tests formulated by these courts and ultimately endorses the approach that balances multiple factors in determining the duties owed to examinees because its flexibility permits redressof some injuries without overly broadening the scope of malpractice liability
Recommended Citation
Blake, Patrick D.
(2006)
"Redefining Physicians' Duties: An Argument for Eliminating the Physician-Patient Relationship Requirement in Actions for Medical Malpractice,"
Georgia Law Review: Vol. 40:
No.
2, Article 6.
Available at:
https://digitalcommons.law.uga.edu/glr/vol40/iss2/6
